2024年4月8日
R&I Update - April 2024 – 5 / 5 观点
In 2021, the UK's Financial Conduct Authority (FCA) published its Guidance for IPs on how to approach regulated firms. Since then, there have been changes in the legal framework affecting firm failure, changes in the regulatory framework and changes in the economic climate.
The FCA is consulting on amendments to reflect these changes including:
Court of Appeal decision in the Ipagoo case: relevant funds held by an EMI (the ‘asset pool’) includes an amount equivalent to relevant funds that should have been safeguarded but were not. Where there is such a shortfall, IPs should ensure that the asset pool is topped-up.
The proposed guidance is aimed at IPs appointed over firms solely authorised or registered by the FCA. It may also be relevant for IPs appointed over firms that are dual regulated by the FCA and PRA.
Views on the consultation are sought by 30 April 2024 and the FCA intend to publish the finalised amended guidance later this year.
作者 Anneliese Amoah 以及 Louise Jennings